Haider v Minister for Immigration

Case

[2016] FCCA 1712

20 May 2016


FEDERAL CIRCUIT COURT OF AUSTRALIA

HAIDER v MINISTER FOR IMMIGRATION & ANOR [2016] FCCA 1712
Catchwords:
MIGRATION – Application for judicial review – no attendance by applicant – application dismissed with costs.

Legislation:

Migration Act 1958 (Cth)

Applicant: JAHANZAIB HAIDER
First Respondent: MINISTER FOR IMMIGRATION AND BORDER PROTECTION
Second Respondent: ADMINISTRATIVE APPEALS TRIBUNAL
File Number: MLG 533 of 2015
Judgment of: Judge McGuire
Hearing date: 20 May 2016
Date of Last Submission: 20 May 2016
Delivered at: Melbourne
Delivered on: 20 May 2016

REPRESENTATION

Counsel for the Applicant: No Appearance
Solicitors for the Applicant: No Appearance
Counsel for the First Respondent: Ms Kowalewska
Solicitors for the First Respondent:

ORDERS

  1. That the name of the second respondent be amended to read “Administrative Appeals Tribunal”.

  2. That the application for judicial review be dismissed pursuant to Rule 13.03C(1)(c) of the Federal Circuit Rules.

  3. That the applicant pay the first respondent’s costs set in a quantum of $6,825.

FEDERAL CIRCUIT COURT
OF AUSTRALIA
AT MELBOURNE

No. MLG 533 of 2015

JAHANZAIB HAIDER

Applicant

And

MINISTER FOR IMMIGRATION AND BORDER PROTECTION

First Respondent

ADMINISTRATIVE APPEALS TRIBUNAL

Second Respondent

REASONS FOR JUDGMENT

  1. In the matter of Jahanzaib Haider, there being no appearance by or on behalf of the applicant, I will make an order. 

  2. The first order that I make is that the name of the second respondent be amended to read Administrative Appeals Tribunal. Order (2) the application for judicial review is dismissed pursuant to rule 13.03C(1)(c) of the Federal Circuit Court Rules and Order (3) there will be an order that the applicant pay the first respondent’s costs in the quantum of $6825.

I certify that the preceding two (2) paragraphs are a true copy of the reasons for judgment of Judge McGuire

Date: 20 May 2016

Areas of Law

  • Administrative Law

  • Immigration

Legal Concepts

  • Judicial Review

  • Procedural Fairness

  • Natural Justice

  • Jurisdiction

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